In the absence of a statute the law requires no particular formalities to give validity to the contract of sale. But in addition to the Statute of Frauds, the law may require that where a bill of sale is given, that it should be recorded in cases where there is no actual change in possession of the thing sold, in order that the sale may be good as against creditors, or subsequent bona fide purchasers.16

In this place, therefore, it is deemed proper to say a word on the subject of Bills of Sale. A bill of sale is simply a writing which may or may not be under seal,17 evidencing the transfer of the property rights in a thing. A bill of sale should name the parties thereto with sufficient certainty so that they may be identified,18 so also, the property transferred should be sufficiently described that it may be readily ascertained and pointed out. The bill of sale should be delivered by the vendor to the purchaser. Delivery is an essential, to make a bill of sale valid.19 At common law, a delivery of a bill of sale, without delivery of possession of the property-mentioned in the bill, was void as to creditors and a fraud in itself.20 But the rule now is, that the retaining of the possession of the property by the vendor only raises a presumption of fraud.21 Where the property is such that it is incapable of delivery, a delivery of a bill of sale is sufficient to pass title and possession.22 A bill of sale, if taken as security for a debt, will be treated, at least so far as the immediate parties there are concerned, as a chattel mortgage.23 A bill of sale will not transfer the property until it has been delivered to the vendee or to some person for him, and with his assent.24

13 McEwen vs. Morey, 60 I11., 32. 14 Morton vs. Gale., 95 I11., 533; 15 Fuller vs. Bean, 34 N. H., 290;

Scott vs. Whitney, 41 Wis., 504. 16 Washburne vs. Burke, 84 I11.

App., 587.

17 Gibson vs. Warden, 14 Wall.

(U. S.), 244.

18 Simmons vs. Woodard, 61 N. J.

Ch., 252.

19 Dyer vs. Bean, 15 Ark., 519;

Doyle vs. Wagner, 42 Mich., 332.